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Litigation

18 June 2019
Amjad Khadhair Section B benefits require compliance with independent medical examination protocol

Canada - Dentons

Can an insurer deny all Section B benefits if an insured agrees to attend an independent medical examination on conditions that conflict with the examining medical practitioner's protocol? The Alberta Court of Queen's Bench recently considered this question and answered in the affirmative. While the decision was specific to Section B claims, the broader takeaway is equally instructive: relying on the clear terms of a policy does not necessarily impugn the duty of utmost good faith.

Author: Amjad Khadhair
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Antony Sassi Court reviews non-party costs orders

Hong Kong - RPC

The High Court recently reiterated the general principles which govern its power to order a non-party to pay the costs of another party to court proceedings. The court's power is statutory but the general principles that govern the exercise of its discretion arise out of case law. The case law demonstrates that the court's discretion to make an order for costs against a non-party is wide. The interests of justice are paramount.

Authors: Antony Sassi, Warren Ganesh
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Rebecca Birkby Court of Appeal makes rare order for rectification, with interesting consequences…

United Kingdom - RPC

The Court of Appeal has ordered rectification resulting in one party being in breach of warranty and liable to pay damages. It is rare for the court to order rectification as it is often difficult to satisfy the test to do so. This case serves as a welcome reminder that the court is willing to order rectification to prevent one party from seeking to take advantage of a situation when a mistake is discovered.

Authors: Rebecca Birkby, Alan Williams
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Recent updates

Meghan Bell Ontario Court of Appeal clarifies overlapping policies containing "other insurance clauses"

Canada - Dentons

Author: Meghan Bell
Christopher Pease Taking charge: Commercial Court delivers judgment on its jurisdiction to grant charging orders

British Virgin Islands - Harneys

Authors: Christopher Pease, Andrew Thorp, Phillip Kite
Andy McGregor Court of Appeal upholds decision on importance of industry standard documents in conflicting jurisdiction clauses

United Kingdom - RPC

Authors: Andy McGregor, Steven Rajavinothan
Antony Sassi Court critical of late subpoenas

Hong Kong - RPC

Authors: Antony Sassi, Warren Ganesh
Asena Aytuğ Keser What happens when an unquantified claim is quantifiable?

Turkey - Gün + Partners

Authors: Asena Aytuğ Keser, Pınar Ece Bişkin
Tarek Farran Appeal court rules on shareholders' right to file claims against companies, chairs and directors

Lebanon - Farran Law Firm

Authors: Tarek Farran, Aline Saade
Fernando Eduardo Serec Declaration of Economic Freedom – impact on new and existing litigation

Brazil - TozziniFreire Advogados

Authors: Fernando Eduardo Serec, Antonio M Barbuto Neto
Mathieu Laurent Court of Appeal specifies consequences of rescinding contracts

Luxembourg - Luther SA

Authors: Mathieu Laurent, Maurice Goetschy

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